Baldwin County commission agenda outlines layoffs, new county legal representation

BAY MINETTE, Alabama -- Shortly after they take the oath of office today, commissioners plan to revisit a slate of controversial issues from worker layoffs, the service road project near the TimberCreek subdivision, county building security and

lowering zoning and subdivision fees, among others.

True to earlier statements by Commissioner Frank Burt and primary winners Tucker Dorsey and Bob James, today’s agenda spells out orders to cut budgets and work force in all areas and apply an expected $502,239 in savings to other areas. The money is to be "reallocated" for law enforcement, road construction and "repair and remediation of stormwater damage issues."

In an item presented by James -- who owns road-building company James Brothers Excavating -- the county would resurrect the project to construct a service road connecting Bass Pro Shops in Spanish Fort to Woodrow Lane, which intersects Ala. 181 near the Eastern Shore Centre.

The service road would link to a planned Baldwin County 13 interchange on Interstate 10. The County Commission had committed $3.1 million to the road project. Developers initially pitched the road in 2007 when Mobile Infirmary was considering construction of a hospital there. Those plans fell through.

Developers TimberCreek Land Co., Cypress Equities, the Alabama Department of Transportation and the city of Daphne added a combined $5.5 million to the project. Daphne withdrew support under blistering public protest.

Under a tidal wave of Eastern Shore opposition, commissioners voted in April to kill the project in a 3-1 vote with Burt casting the lone dissent. Burt called the move a "grave mistake" at the time.

Several TimberCreek residents said this week that they will fight any move to give the project new life in an area many characterize as environmentally sensitive.

Alabama Department of Transportation Division Engineer Vince Calametti said Tuesday the state redesigned the planned I-10 interchange in the wake of the county’s April vote, and the service road project will not affect the state’s project either way.

Protests started in normally quiet TimberCreek after March 1, when PGA golfer Rob Bradley bought 18 of the club’s 27 holes for $1.8 million. Sliced away from that deal were the other nine holes, the Magnolia Course. For that land, Bradley signed a 5-year lease.

While the use of the 18 holes is restricted, falling under a conservation easement, the "lower nine" beside I-10 are zoned B-2 for business. The land still belongs to TimberCreek Investments, whose principals include Brewton timber magnate Richard Miller, who developed TimberCreek, according to property records.

Campaign financial records show several Brewton residents with connections to Miller contributed to candidates in Baldwin County commission races.

Another portion of the agenda spells out the elimination of the legal department including two attorneys, an office worker and a paralegal included. The county will go back to an appointed county attorney instead, according to the documents.

In an addendum filed late Tuesday, commissioners plan to appoint law firm Blackburn and Conner to the county attorney post at a rate of $225 per hour.

According to court records, partner Danny Blackburn has represented individuals and developers who sued the county over zoning and subdivision regulations in various cases. He has also represented Baldwin County Sewer Service, a private company, in legal action against the county. The firm also represents the city of Spanish Fort.

Commissioner Charles "Skip" Gruber questioned the surprise move saying he was unaware of the item and questioned when it had been publicly discussed.

"Where did this come from?" Gruber asked. "I asked (assistant administrator) David Brewer who put this on the agenda, and he said the other three commissioners. That is wrong. It is a violation of the Sunshine Law."

E-mails requesting comment from Burt, James and Dorsey were not answered. Brewer replied, stating, "Any discussion on the above matter was accomplished before the end of October, 2010." Brewer and other officials have contended that private meetings between Burt and the unopposed GOP nominees were legal because they had not technically been elected.

Gruber said he believes ethics law could have been violated, and the law firm could have serious conflicts of interest if appointed to serve the county.

In another item, both natural resources planners will be cut from the planning and zoning department.

Another item cancels all department head contracts and holds provisions in the agreements as "non-binding" citing state law, releasing any managers not rehired with "absolutely no severance pay."

Incoming commissioners expressed anger last week when then commissioners fired three department heads at their request granting all consideration provisions in their contracts that included some $64,000 in severance pay. The contracts called for three months’ pay each if the directors were fired without cause.

Incoming commissioners do not agree on state law governing the issue, with Gruber saying the employees were entitled to the severance under their contracts. Gruber said contracts expire 90 days after new commissioners take over, and the law does not nullify the terms of the contracts. New commissioners disagree, saying the law supports their plan to fire directors within the 90 days and avoid any severance payment. ¶

The agenda includes a new organizational chart -- a document Gruber asked to see last week without success.

The new order places the planning and zoning department and Baldwin Area Rural Transportation under the county engineer’s supervision.

The agenda includes orders for managers to make recommendations on reducing fees for zoning and mapping in the coming weeks, as well as lowering the fees for building inspections and subdivision applications. Workers will reduce the number of county-owned vehicles they drive home from the job.

The county’s checkbook will be added to public access online, as well as employee salary and benefit amounts.

In the work session set for the afternoon, commissioners will discuss repealing the newly passed county building security ordinance, and will discuss how the county will procure insurance coverage for about nine different policies.